Parents often want to know at what age a child can decide whom to live with. The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.
Can a 12 year old child decide which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
Can a 13 year old decide who they want to live with?
The child can not dictate who he or she will live with. You will need to have your child’s preferences considered through a Guardian ad Litem.
Can a 14 year old decide who they want to live with?
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.
Can my 11 year old choose to live with me?
For children below the age of 14, there is no presumption whatsoever regarding their desires. There is, however, a rule that allows for children between the ages of 11 and 14 to make their desires heard. … The judge has broad discretion as to what to do with the child’s election.
Can a child refuse to see a parent?
In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
How a mother can lose a custody battle?
In California, a mother can lose custody of her child if she is an unfit parent. Serious neglect, violation of an existing custody order, child abuse, and emotional instability can be used as grounds to end a mother’s custody rights. … To best protect your child custody rights, contact us.
What if your child doesn’t want to live with you?
If your child is adamant about not wanting to live with you or not wanting to hold any visitation with you, the best thing for you to do is to talk with your child about his/her feelings. Maybe this is just their way of acting out, or maybe they do have some valid concerns that you weren’t completely aware of.
Can a 10 year old decide which parent to live with?
A child cannot legally decide who they want to live with until the age of 16. However, this may extend to 17 or 18 if there is a child arrangement order in place that specifies where a child should live.
At what age does visitation end?
Brette’s Answer: Child support and visitation are two separate things. Also, visitation generally ends at age 18 when the child becomes an adult. At that point, it is up to the child and parent to continue their relationship as they wish.
Can a 14 year old choose to live with a grandparent?
No. Children have no rights as to expressing a choice except in disputes between their parents. Even that is limited – the child does not decide but the court must consider the expressed preference.
Can a minor decide where they want to live?
In most states, courts may consider a child’s opinion, but only if the judge believes that the child is mature enough to express a reasonable preference. In addition to a child’s opinion, the court must also consider a variety of other factors before deciding where the child will live after a divorce or separation.
What age can a child make their own decision?
Legally, children can make their own decisions when they reach the age of majority, which is 18 years of age.
Can I choose to live with my dad at 13?
Unless your mom agrees that you can live with your dad, your dad will have to file a Motion with the court asking the court to give him custody. The judge will probably ask you to speak to a specialist with the Family Mediation Center so you can let the court know why you want to live with your dad.
Can I leave home without my parents consent?
In general, a youth must be 18 to legally move out without a parent’s permission. However, laws vary from state to state and these laws are not enforced equally. Some police departments do not choose to actively pursue older runaways if they are nearing the age of majority.